IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090011710 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her Federal Recognition and date of rank (DOR) as a second lieutenant (2LT) be changed to reflect 5 August 2007 and her DOR as a first lieutenant (1LT) be effective 5 February 2009.

2.  The applicant states, in effect, that her Federal Recognition for appointment to the rank of 2LT was not processed to completion and it was not until she was due to be promoted to the rank of 1LT that it was discovered, thus denying her promotion and Federal recognition to the rank of 1LT on time.

3.  The applicant provides:

* a copy of her Army National Guard Retirements Points History Statement
* two memoranda from the Oklahoma Army National Guard (OKARNG) supporting the applicant’s application
* orders promoting her to the rank of 1LT effective 5 February 2009
* Federal Recognition orders announcing her initial appointment as a 2LT effective 27 January 2009
* Orders from the OKARNG announcing her appointment as a 2LT in the OKARNG effective 27 January 2009
* Her Oaths of Office as a 2LT effective 5 August 2007 and 27 January 2009
* Proceedings of a Federal Recognition Examining Board dated 21 June 2007 and 27 January 2009 for appointment as a 2LT
* A copy of her DA Form 1059 (Service School Academic Evaluation Report) for her completion of the Military Intelligence (MI) Basic Officer Leader Course on 16 April 2008
* A copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 16 April 2008
* Appointment orders to the rank of 2LT in the OKARNG effective 5 August 2007
* Two memoranda from the National Guard Bureau (NGB) and the Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) regarding the reduction in time in grade requirements for promotion to the rank of Reserve Component officers to 1LT

CONSIDERATION OF EVIDENCE:

1.  After serving 4 years in the Regular Army, the applicant enlisted in the OKARNG on 5 November 2001 and continued to serve until she was honorably discharged on 4 August 2007 to accept a commission.

2.  On 5 August 2007, she was appointed as a 2LT in the OKARNG and took her oaths of office on the same day.  On 16 April 2008, she completed the MI Basic officer leader course.

3.  On 27 January 2009, she again took her oaths of office as a 2LT in the OKARNG and on 1 May 2009, Federal Recognition orders were published which granted her Federal Recognition as a 2LT effective 27 January 2009.

4.  On 8 May 2009, orders were published promoting her to the rank of 1LT effective 5 February 2009.  There is no evidence that Federal Recognition was granted for that promotion.

5.  The memoranda from the OKARNG indicate that the applicant's Federal Recognition packet was not processed to completion when originally submitted and that the failure to do so was through no fault of the applicant.

6.  In the processing of this case, a staff advisory opinion was obtained from NGB which recommends approval of the applicant's request to be promoted and granted Federal Recognition for the rank of 2LT effective 5 August 2007 and for the rank of 1LT effective 5 February 2009 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal Recognition for original appointment is the date the commissioned officer executes his or her oaths of office in the State.  The advisory opinion was provided to the applicant for comment and she concurred with the opinion as written.
7.  National Guard Regulation 600-100 provides, in pertinent part, that the effective date of Federal Recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.

8.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Department of the Army, Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Memorandum, dated 19 August 2008, state in pertinent part that “This memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted to 1LT with a minimum of 18 months time in grade (TIG) and completion of the Basic Officer Leadership Course if otherwise qualified.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed her original oaths of office as a 2LT on 5 August 2007 and for reasons that are not explained in the available records her application for permanent Federal Recognition was not forwarded to the appropriate authorities for final action.

2.  As a result, the applicant’s permanent Federal Recognition unduly delayed through no fault of the applicant.  Consequently, the applicant’s permanent Federal recognition and subsequent promotion to the rank of 1LT have been unnecessarily delayed.

3.  Had the application for permanent Federal Recognition been properly and timely processed, the applicant’s date of rank for 2LT would have been 5 August 2007 and her date of rank for promotion to the rank of 1LT would be have been 
5 February 2009.

4.  Accordingly, it would be in the interest of justice at this time to correct the applicant’s records by showing that she was granted permanent Federal Recognition in the rank of 2LT effective 5 August 2007 and that she was promoted to the rank of 1LT effective 5 February 2009 with entitlement to all back pay and allowances that flow from this change.









BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State National Guard records of the individual concerned be corrected by showing that she was granted permanent Federal Recognition in the rank of 2LT effective 5 August 2007 and that she was promoted to the rank of 1LT with a date of rank and effective date of 5 February 2009 and granted Federal Recognition effective 5 February 2009 with entitlement to all back pay and allowances that flow from this change.



      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090011710





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ABCMR Record of Proceedings (cont)                                         AR20090011710



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